Barbosa v. DHS

Plaintiffs, 26 individuals who resided in Texas and whose home suffered damage during major natural disasters, and a non-profit filed suit seeking Stafford Act economic relief from the Federal Emergency Management Act (FEMA). The DC Circuit affirmed the district court's dismissal of the action based on jurisdictional grounds, holding that the court did not have authority to challenge FEMA's regulations under the discretionary function exception to judicial review. The court held that the statutory requirements for regulations relied on the discretionary judgment of FEMA and the range of choice that FEMA could employ was quite wide. Therefore, the court rejected plaintiffs' claims to the contrary. View "Barbosa v. DHS" on Justia Law